Gabriel J. Chin
Encyclopedia
Gabriel Jack Chin is an author, legal scholar, and Professor
at the University of Arizona
James E. Rogers College of Law
. Chin is the Chester H. Smith Professor of Law and co-director of the Program in Criminal Law and Policy at the James E. Rogers College of Law
, and Professor at the School of Government and Public Policy. In 2011, he accepted an offer to join the faculty at the UC Davis School of Law
in the 2011-2012 academic year.
He teaches a variety of courses, including Criminal Law
, Immigration, Criminal Appellate Advocacy, and Race and Law.
, concluded that U.S. Senator John McCain
is not eligible to be elected President of the United States. Chin's 2011 legal analysis entitled "Who's really eligible to be president?" concluded, after reviewing the Fourteenth Amendment and the applicable common law as interpreted by the Supreme Court of the United States
, that President Barack Obama
is a natural born citizen given that Obama was a citizen "by birth" under the Fourteenth Amendment.
. In 1988 he received a J.D. from University of Michigan Law School
. In 1995 he received a LL.M. from Yale Law School
, and was an Editor of the Yale Law & Policy Review
. He is an elected member of the American Law Institute
. Before becoming a law professor, he practiced with the Legal Aid Society
of New York, and Skadden, Arps, Slate, Meagher & Flom LLP.
He was named in the "Most Cited Law Professors By Specialty, 2000-2007", and in the "50 Most Cited Law Professors Who Entered Teaching Since 1992", surveys by University of Chicago
professor Brian Leiter
. Professor Chin appeared on the October 16, 2006 episode of The Daily Show
with Jon Stewart
on a segment titled "Hawk the Vote" discussing the legality of the Arizona Voter Rewards Initiative", a proposal to offer financial incentives for voting. He also criticized the proposal on Marketplace
on November 2, 2006. In 2002, he appeared on NPR
's Morning Edition
discussing his efforts, in conjunction with law students, to repeal racist Jim Crow laws
still on the books. He was named one of the "25 Most Notable Asians in America" by A Magazine
for his work in this area.
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
at the University of Arizona
University of Arizona
The University of Arizona is a land-grant and space-grant public institution of higher education and research located in Tucson, Arizona, United States. The University of Arizona was the first university in the state of Arizona, founded in 1885...
James E. Rogers College of Law
James E. Rogers College of Law
James E. Rogers College of Law is the law school at the University of Arizona located in Tucson, Arizona and was the first law school founded in the State of Arizona, opening its doors in 1915. Formerly known as University of Arizona College of Law, it was renamed in 1999 in honor of noted...
. Chin is the Chester H. Smith Professor of Law and co-director of the Program in Criminal Law and Policy at the James E. Rogers College of Law
James E. Rogers College of Law
James E. Rogers College of Law is the law school at the University of Arizona located in Tucson, Arizona and was the first law school founded in the State of Arizona, opening its doors in 1915. Formerly known as University of Arizona College of Law, it was renamed in 1999 in honor of noted...
, and Professor at the School of Government and Public Policy. In 2011, he accepted an offer to join the faculty at the UC Davis School of Law
UC Davis School of Law
The University of California Davis School of Law , referred to as UC Davis School of Law and commonly known as King Hall and UC Davis Law, is an American Bar Association approved law school located in Davis, California on the campus of the University of California, Davis. The school received ABA...
in the 2011-2012 academic year.
He teaches a variety of courses, including Criminal Law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, Immigration, Criminal Appellate Advocacy, and Race and Law.
In the news
Chin has been quoted in a number of newspapers. His 2008 legal analysis, which focused on a 1937 law and the language of the Fourteenth Amendment to the United States ConstitutionFourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, concluded that U.S. Senator John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
is not eligible to be elected President of the United States. Chin's 2011 legal analysis entitled "Who's really eligible to be president?" concluded, after reviewing the Fourteenth Amendment and the applicable common law as interpreted by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, that President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
is a natural born citizen given that Obama was a citizen "by birth" under the Fourteenth Amendment.
Biography
In 1985 he received a BA from Wesleyan UniversityWesleyan University
Wesleyan University is a private liberal arts college founded in 1831 and located in Middletown, Connecticut. According to the Carnegie Foundation for the Advancement of Teaching, Wesleyan is the only Baccalaureate College in the nation that emphasizes undergraduate instruction in the arts and...
. In 1988 he received a J.D. from University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
. In 1995 he received a LL.M. from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, and was an Editor of the Yale Law & Policy Review
Yale Law & Policy Review
The Yale Law & Policy Review is a biannual student-run law review at the Yale Law School covering the intersection of law and policy. Its Bluebook abbreviation is Yale L. & Pol'y Rev...
. He is an elected member of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
. Before becoming a law professor, he practiced with the Legal Aid Society
Legal Aid Society
The Legal Aid Society in New York City is the United States' oldest and largest provider of legal services to the indigent. It operates both traditional civil and criminal law cases.-History:...
of New York, and Skadden, Arps, Slate, Meagher & Flom LLP.
He was named in the "Most Cited Law Professors By Specialty, 2000-2007", and in the "50 Most Cited Law Professors Who Entered Teaching Since 1992", surveys by University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
professor Brian Leiter
Brian Leiter
Brian Leiter is an American philosopher and legal scholar who is currently John Wilson Professor of Law at the University of Chicago Law School, and founder and Director of Chicago's new Center for Law, Philosophy, and Human Values and the editor of the Philosophical Gourmet Report. He taught from...
. Professor Chin appeared on the October 16, 2006 episode of The Daily Show
The Daily Show
The Daily Show , is an American late night satirical television program airing each Monday through Thursday on Comedy Central. The half-hour long show premiered on July 21, 1996, and was hosted by Craig Kilborn until December 1998...
with Jon Stewart
Jon Stewart
Jon Stewart is an American political satirist, writer, television host, actor, media critic and stand-up comedian...
on a segment titled "Hawk the Vote" discussing the legality of the Arizona Voter Rewards Initiative", a proposal to offer financial incentives for voting. He also criticized the proposal on Marketplace
Marketplace
A marketplace is the space, actual, virtual or metaphorical, in which a market operates. The term is also used in a trademark law context to denote the actual consumer environment, ie. the 'real world' in which products and services are provided and consumed.-Marketplaces and street markets:A...
on November 2, 2006. In 2002, he appeared on NPR
NPR
NPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...
's Morning Edition
Morning Edition
Morning Edition is an American radio news program produced and distributed by National Public Radio . It airs weekday mornings and runs for two hours, and many stations repeat one or both hours. The show feeds live from 05:00 to 09:00 ET, with feeds and updates as required until noon...
discussing his efforts, in conjunction with law students, to repeal racist Jim Crow laws
Jim Crow laws
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
still on the books. He was named one of the "25 Most Notable Asians in America" by A Magazine
A Magazine
A Magazine was founded in 1989 by Jeff Yang, Amy Chu, Sandi Kim and Bill Yao to cover Asian American issues and culture, and grew out of a campus magazine Yang edited while an undergraduate at Harvard University....
for his work in this area.
Books
Chin has edited and contributed to a number of books, including:- United States Commission on Civil Rights: Reports on Asian Pacific Americans (2005) ISBN 978-0837731056
- United States Commission on Civil Rights: Reports on Voting (2005) (co-editor) ISBN 978-0837731032
- United States Commission on Civil Rights: Reports on the Police (2005) ISBN 978-0837731049
- The United States Commission on Immigration Reform: The Interim and Final Reports and Commentary (2000) ISBN 978-1575885667
- Immigration and the Constitution (2000) (co-editor) ISBN 978-0815333463
- Affirmative Action and the Constitution (1998) ISBN 978-0815327424
- New York City Policy Corruption Investigation Commissions, 1894-1994 (1997) ISBN 978-1575882116
Other works
Chin is the author or co-author of many legal papers, including:- "Unjustified: The Practical Irrelevance of the Justification/Excuse Distinction", 43 Michigan Journal of Law Reform (2009)
- "Beyond the Super-Majority: Post-Adoption Ratification of the Equality Amendments", 50 Ariz. L. Rev. 25 (2008)(co-author)
- "The Tyranny of the Minority: Jim Crow and the Counter-Majoritarian Difficulty", 43 Harv. C.R.-C.L. L. Rev. 65 (2008) (co-author)
- "Unexplainable on Grounds of Race: Doubts about Yick Wo", 2008 Illinois Law Review 1359.
- "A War on Drugs or a War on Immigrants? Expanding the Definition of 'Drug Trafficking' in Determining Aggravated Felon Status for Non-Citizens", 64 Md. L. Rev. 875 (2005) (co-author)
- Jim Crow's Long Goodbye, 21 Const. Comment. 107 (2004)
- "Race, The War on Drugs, and the Collateral Consequences of Criminal Conviction", 6 Iowa J. Gender, Race, & Just. 253 (2003), reprinted in Civil Penalties, Social Consequences 27
- Pledging Allegiance to the Constitution: The First Amendment and Loyalty Oaths for Faculty at Private Universities, 64 U. Pitt. L. Rev. 431 (2003)
- "Effective Assistance of Counsel and the consequences of guilty Pleas", 87 Cornell L. Rev. (2002) (co-author)
- Can a Reasonable Doubt have an Unreasonable Price? Limitations on Attorney's Fees in Criminal Cases, 41 B.C. L. Rev. 1 (1999) (co-author)
- "The Civil Rights Revolution Comes to Immigration Law: A New Look at the Immigration and Nationality Act of 1965", 75 North Carolina L. Rev. 273 (1996).
- "The Plessy Myth: Justice Harlan and the Chinese Cases", 82 Iowa L. Rev. 151 (1996), excerpted in F. Michael Higginbotham, Race Law: Cases, Commentary, and Questions 327 (2001)
- "Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship", Arizona Legal Studies Discussion Paper No. 08-14 (2008).